Transcript Slide 1

CASP 2006
Suspension and Expulsion:
What Every School
Psychologist Needs to
Know
Randy Fall, Ph.D., Azusa Pacific University
Ray Vincent, M.Miss., Consultant, Los Angeles
County Office of Education
Rob Jacobsen, Esq., Consultant, Los Angeles
County Office of Education
David R. Morrison, Ed.D., Azusa Pacific University
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CASP 2006: Suspension and Expulsion
Has “zero-tolerance” made schools safer?
Schools have always been relatively safe
places. They were safe prior to “zero
tolerance”, and they remain safe after
“zero tolerance.”
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No evidence that exclusion
- changes student behavior
- improves student outcomes
Evidence that exclusion
- increases dropout rates
- increases rates of disruption
(Council for Children with Behavior Disorders, June, 2002)
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CASP 2006: Suspension and Expulsion
Wagner (1991) reported that 74% of SED
students who drop out are arrested within
five years of dropping out.
Hodgkinson (1995) reported that 82% of
persons in state and local prisons are high
school drop outs.
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
In 1994, the term zero tolerance assumed new
significance when President Clinton signed into
law the Gun Free Schools Act. This law required
that all states that receive federal funds have in
effect a state law requiring all local education
agencies in the state to expel from school for a
period of not less than one year any student who
was found to have brought a weapon to school.
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Which of these is a weapon?
Tweety
Bird
Keychain
Chicken finger
Rubber band and paper clip
Nail Clipper
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Which of these is a weapon?
A.
Chicken
finger
B.Tweety
Bird
Keychain
C. Rubber band
D. Nail Clipper
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Which of these is a weapon?
Chicken finger
 Christopher Kissinger, an 8-year-old first-grader at South
Elementary School in Jonesboro, AR was suspended from school
for 3 days in January, 2001 for aiming a chicken strip toward a
teacher and saying, “Pow, pow, pow” (The Associated Press State &
Local Wire, 2001).
Tweety Bird Keychain
 ACLU of Georgia represents student suspended from school for
carrying “Tweety Bird” key chain. Available at
www.aclu.org/news/2000/n100200.html. See also Georgia girl’s Tweety Bird chain runs afoul of
weapons policy. Available at http://www.cnn.com/2000/US/09/28/wallet.suspension.02/.
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Student brings a gun catalog to school
8th grader
Has a heart ailment that prevents him from participating at recess or
PE.
Brought it to read
Principal wants your recommendation about discipline
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Student brings a gun catalog to school
The catalog turns out to be a BB gun catalog
The guns are realistic-looking BB guns from Taiwan – e.g., looks like an AK47.
You interview the student:
Owns one BB gun, shoots targets in his cousin’s back yard
Says he doesn’t ever shoot at people
No apparent fascination with guns
Never has brought his BB gun to school
Brought the catalog as something to look at. Didn’t show it to anyone else
No prior behavior incidents
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Expulsion
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Assumption that school is a reinforcing
environment, therefore, remove the
reinforcement, reduce the behavior
If school is a punishing environment, suspension
and expulsion maintain and increase the
behavior
Not an immediate reinforcer, requires thought
and reflection. Example, “I hope nothing
happens today.”
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Mandatory Expulsion (Education Code 48915(c))
Act must be committed at school or school activity.
Firearm
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Possessing firearm when a district employee verified firearm possession
and when student did not have prior written permission from a
certificated employee which is concurred with by the principal or
designee. Selling or otherwise furnishing a firearm
 Brandishing a knife at another person.
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Unlawfully selling a controlled substance listed in Health and Safety
Code Section 11053 et. seq.
Committing or attempting to commit a sexual assault as defined in
subdivision (n) of 48900 or committing sexual battery as defined in
subdivision (n) of 48900.
Possession of an explosive.
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Expulsion Expected
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must be committed at school or school activity.
Education Code Section 48915 (a) states that an administrator shall
recommend expulsion for the following violations [except for
subsections (c) and (e)] unless the administrator finds that expulsion
is inappropriate due to a particular circumstance.
Causing serious physical injury to another person, except in selfdefense. Education Code Section 48915 (a)(1).
Possession of any knife, explosive, or other dangerous object of no
reasonable use to the pupil. Education Code Section 48915 (a)(2).
Possession and/or use of any substance listed in Chapter 2
(commencing with Section 11053) of Division 10 of the Health and
Safety Code, except for the first offense for possession of not more
than one avoirdupois ounce of marijuana other than concentrated
cannabis.
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Expulsion Expected
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Robbery or extortion. Education Code Section 48915
(a)(4).
Assault or battery, or threat of, on a school employee.
The recommendation for expulsion shall be based on
one or both of the following:
 Other means of correction are not feasible or have
repeatedly failed to bring about proper conduct.
 Due to the nature of the act, the presence of the pupil
causes a continuing danger to the physical safety of
the pupil or others [see Section 48915 (b)].
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Discretionary
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Acts committed at school or school activity or on the way to and
from school or school activity
Inflicted physical injury†
Possessed dangerous objects
Possessed drugs or alcohol (policy determines which offense)
Sold look alike substance representing drugs or alcohol
Committed robbery/extortion
Caused damage to property‡
Committed theft
Used tobacco (policy determines which offense)
Committed obscenity/profanity/vulgarity
Possessed or sold drug paraphernalia
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Discretionary (continued)
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Disrupted or defied school staff
Received stolen property
Possessed imitation firearm
Committed sexual harassment
Harassed, threatened or intimidated a student witness
Sold prescription drug Soma
Committed hazing
The recommendation for expulsion shall be based on one or both of
the following:
Other means of correction are not feasible or have repeatedly failed
to bring about proper conduct.
Due to the nature of the act, the presence of the pupil causes a
continuing danger to the physical safety of the pupil or others [see
Section 48915 (b)].
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Case #1 Student brings a tiny toy gun to
school
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Case #2 Student brings a gun catalog to school
8th grader
Has a heart ailment that prevents him from
participating at recess or PE.
Brought it to read
Principal wants your recommendation about
discipline
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Case #3 Student brings a slingshot to
school
4th grader
no discipline history
brought it to show his friends
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Laws Governing Suspension and Expulsion

Safe School Guarantee
"Students and staff of public schools have the inalienable
right to attend campuses that are safe, secure, and
peaceful." (California Constitution, Article I, Section 28)

California Education Code
Chapter 6. Pupil Rights and Responsibilities
Article 1. Suspension and Expulsion
Sections 48900 through 48927
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Select Education Code Provisions
 48900 Grounds for suspension or expulsion
(48900.2-48900.7)
 48911 Suspension
 48915 Expulsion, particular circumstances
 48915.5 Expulsion of pupils with exceptional
needs
 48918 Rules governing expulsion procedures
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Suspension from School (48911)
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Principal, principal's designee, or the superintendent
authorized
Requires 48900(a-s) violation
Preceded by informal conference with student
Maximum of five consecutive school days
Applicable to both regular and special education
students (48900.5)
Imposed only when other interventions fail (48900.5)
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Expulsion
 Principal or the superintendent recommends
 Permissive recommendation and permissive
order (48915)
 Mandatory recommendation and mandatory
order (48915)
 Mandatory recommendation and permissive
order (48915)
 Local rules and regulations (48918)
 Hearing rights (48918)
 Substantial evidence standard (48918)
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Special Needs Pupils
 Education Code Section 48915.5
 Title 20 USC Section 1415(k)
 Title 34 CFR Sections 300.519 through 300.529
 Behavior interventions
 Manifestation determination and placement
review
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Preparation for Expulsion (the first five days)
 Review the file
 Appropriate
Behavior Assessments
 Appropriate Academic Assessment
 Date of the last psychoeducational
assessment
 If the psycho-evaluation is more than 2 years
old, you should do a new, appropriate
assessment
 May need academic and/or social-emotional
assessment
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Preparation for Expulsion (the first five days)
Check to see if there is a current Behavior
Intervention Plan (BIP) in place for this or
any other type of behavior problems
 In most cases, you cannot go forward
without it
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Preparation for Expulsion (the first five days)
Responsibilities of the school psychologist:
 Conversation with Parents
 Conversation with General Ed. Teacher
 Conversation with Special Education Teacher
 Conversation with Site Administrator
 Conversation with the District Administrator
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Preparation for Expulsion (the first five days)
Tips for working with Parents
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Prior involvement with the parent
Talk with a smile on your face
Listen to their side of the story
Ask questions in a non-accusatory manner
Don’t argue with them
Don’t give the school’s side of the story if you know it
Act as a student advocate
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Preparation for Expulsion (the first five days)
Tips for working with Parents
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If they say that they want a lawyer, tell them that
they can have one, but would they consider
waiting until you have investigated the incident
and presented a solution to the problem
Main Emphasis: Try to de-escalate their
anger/frustration if they show this
Summary: Clarify what you have heard by
paraphrasing the essence of their story
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Preparation for Expulsion (the first five days)
Working with General Education and Special Education
teachers
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Follow the points listed in the previous slide with parents
Find out the teacher’s perspective on the students
current history of behavior and academic success.
Obtain the latest academic testing results (W-J, etc.)
If necessary, have them re-assess them with W-J or
equivalent.
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Preparation for Expulsion (the first five days)
Working with School Administrators
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Follow the points listed in the Parent Slide
Try to determine what outcomes the Admin. Wants
Work with the Admin. and let them know that you want
to do what is best for the student and the school
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Preparation for Expulsion (the first five days)
 Conversation
with the District Administrator
who will be conducting the meeting
Review the case
 Communicate the findings
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Preparation for Expulsion (the first five days)
 Before you go to the manifestation
determination meeting, make sure you
have:
 Addendum
page
 Manifestation determination form
 Optional page (the page that has lines to write
additional comments)
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Conducting the Manifestation Determination
Meeting
Setting the stage: We’re here to make the best of
a difficult situation
 As you proceed during the meeting, don’t be
accusatory towards the parents.
 Don’t argue with the site administrator during the
meeting. Make sure that you are on the same
page with them before the meeting starts.
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Conducting the Manifestation Determination
Meeting
Review the Manifestation Determination Form
going line by line with the parent, student, and
school personnel.
 Review
current placement
 Review history – what interventions have been
provided such as BIP’s, classroom strategies,
counseling, progressive discipline, etc.
 Review the incident
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Conducting the Manifestation Determination
Meeting
Key points that need to be covered with clarity:
 Was the student in an appropriate placement
prior to the incident?
 Was the behavior exhibited in the incident a
result of the student’s disability?
 Does the student know right from wrong?
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Conducting the Manifestation Determination
Meeting
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Help the parents understand the process. Explain each
item, particularly if the look on the parent’s face indicates
that they are not on the same page as you.
Before they sign the document, make sure that they
understand what has just transpired.
It is a team decision based on the answers given to
questions “a” through “e” on the form
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Importance of Process
Parent challenge to manifestation
determination (34 CFR 300.507 (Fair
Hearing) and 300.514 (Stay Put))
 Parent dissatisfaction leads to appeals
 Review by County Board on appeal
(48922)
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Developing alternatives to expulsion
What do you do if you can’t proceed with
expulsion?
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Stay at the current school
Transfer to another school within the district
NPS placement
Continuation School
Community Day School
ISP
Home Teaching
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What are your options if the student clears
manifestation determination review?
 Intervention/Discipline Plan
 Expulsion, but suspend the enforcement
 Expulsion
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At the expulsion hearing:
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Do not talk about special education issues
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Do talk about how other means of
correction have not brought proper
conduct or are not feasible
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Provision of Educational Services to Expelled
Students
 Requirement to refer to a program of study.
(48915)
 AB 922 Plan (48926)
". . . plan shall enumerate existing educational
alternatives for expelled pupils, identify gaps in
educational services to expelled pupils, and
strategies for filling those service gaps. . . ."
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Readmission (48916)
 Duration of expulsion order
 Plan of rehabilitation
 Rules and regulations establishing
procedure for processing requests for
readmission
 Presumption for readmission
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 Students
are required to complete a
rehabilitation plan which may include the
following:
Social Skills Training
 Drug Counseling
 Academic Counseling
 Psychological services
 Out Patient support services
 Parent Training
 Attendance / Grades
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 When the student meets the conditions of the
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rehabilitation plan, the student returns to a
district setting.
Successful completion of the rehabilitation plan
is a measure of a process standard not a
measure of an outcome standard.
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Measured by yes or no questions i.e., Did you complete parent
training, attend classes, etc. yes or no ?, it does not asses the
intended outcome of the participation ( qualitative)
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Alternatives to expulsion for the most
challenging students: the example of the
emotionally disturbed student
The child classified as emotionally disturbed
creates many challenges. This child often
doesn’t fit established social and institutional
assumptions regarding the best interest of the
child.
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Children with the classification of Emotional
Disturbance (ED) provide unique challenges for
school psychologists
ED classification precludes the option of
expulsion for behavior
As behavior escalates the challenges of
intervention become more complex creating
more demands on the IEP process
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Assumptions about ED children and their
parents often run counter to what the child
needs in the way of interventions. Most
interventions are appropriate and effective
for most children, however some children,
due to the severity of the pathology, are
not amenable to the options that are
available or preferred.
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Common Assumptions
 Parents are vested in the health and wellbeing of their child.
 Evidence of behavior problems in young
children are developmental in nature and
not an indication of severity of pathology
 Traditional school settings are always
preferred to alternative settings
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Parents are Vested in Their Child
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Not always, home is not always the best place to
be. Parents are often the cause of the problem
and can have a vested need to keep the child’s
pathology active. Grandparents are sometimes
identified as an appropriate alternative to the
parent. Grandparents are often just as
problematic (an older version of the parent).
Pathology can be generational.
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Behavior Problems in Young Children
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Developmental issues in children can obscure the
progression of the early onset pathology. Severity of later
behavioral issues are often traced back to an earlier
identification that was either ignored or misunderstood.
Children do not always grow out of their problem
behavior- Behavior is more manageable for a young
child which can create a delay in treatment. A failure to
identify children early may simply postpone the
inevitable.
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Traditional School Setting
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Traditional school setting is widely considered the best
place for a child to be. Not always, The LRE, should be
the educational setting that best meets the needs of the
child. Understanding the child’s “needs” is a prerequisite
to making this decision. Children are often placed in the
LRE as defined by what the school can offer not what
the child needs. This can lead to a progressive series of
failures that culminate in expensive alternatives, i.e.,
NPS.
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Educational Options
ED children who exhibit extreme behaviors
have limited educational options. These
options are often viewed as undesirable
and in some cases as “ punishment,” or as
a default alternative. This assumption can
lead to a breakdown in the IEP process.
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Placement options include
 Community
Day School (CDS)
 Non-Public School
 Modifications within SDC placement
 Home Teaching/ Independent Study
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Community Day School
 An alternative educational placement provided
by the county or by the LEA
 May or may not have fully credentialed sp ed,
teacher, often they do not or teacher is
inexperienced.
When a Special Ed. teacher is unavailable
modifications in the instructional day are explored
 Parent must agree to the placement as per the IEP
process
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Home Teaching/ Independent Study
 Often used as an alternative when other
educational programs are no longer considered
viable
 Mostly used for RSP or regular ed. students
 Strengths include the ability to remove the child
from disrupting the school climate through
isolation. Some children benefit from isolation
 Limitations include, poor control and support,
child is often lost in the process
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Home Teaching/ Independent Study
 Considered a voluntary placement. The
parent and district agree through the IEP
process.
 Independent study contract needs to be
reviewed and signed each semester
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Non-Public School (NPS)
 Non-public schools (NPS) are often used in lieu
of expulsion for ED children. They are used
when county schools are limited in space or
cannot accommodate the severity of the child’s
behavior.
 NPS are comprehensive educational
alternatives for severe behavioral problems
 Certified by the CDE and are required to work
with the LEA to meet the conditions of the IEP
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Advantages of the NPS alternative include
 the
ability to isolate and absorb extreme behavioral
problems through intensive support services
 High student staff ratios usually 2:1
 Crisis management, containment capabilities
 Can accommodate coordination of multiple service
providers, mental health, probation, DCFSS, etc.
 Extensive training in childhood psychopathology
 Med management capabilities
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Disadvantages of the NPS alternative
 Programs
are generally expensive
 Not all programs offer the same level of
quality
 Oversight between the LEA and NPS school
can be inconsistent leading to poorly
coordinated transition
 Absent appropriate transition planning the
child can languish forever (a life sentence)
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Challenges facing ED placement
 Complexity of the child’s pathology often
exceeds the collective capabilities of those
involved in the decision making process
 This
leads to ineffective or unrealistic goals and
expectations, setting the child up for failure
 Educational options are often limited and inadequate
to meet the behavioral and educational needs of the
child
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Profile of ED child placed in NPS
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Family
 Single parent
 Often raised by extended family member
 Legal issues, incarceration, substance issues
 Domestic violence
 Physical/ sexual abuse (primary and extended)
 Transient living unemployment, low SES
 Chaotic and unstable
 Mental health issues identified
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Systems of care involvement
 Family
court-DCFS
 Department of mental health
 Regional center
 Probation
 Residential / Foster family
 LEA
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Educational profile
first identified in K- 1st grade.
 Services start two –three years later
 First identified as learning disabled
 Low intellectual functioning
 May have had DIS support services
 Academics 5-6 years below chronological age
 History of well documented failure to respond to
treatment interventions
 Behavior
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Pathology
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ADHD
Major depression
ODD - CD (eventually antisocial personality)
Suicidal
Homicidal
Self-injurious
Assaultive and destructive
Sexual acting out (perpetrator)
Evidence of prenatal and perinatal difficulties (fetal alcohol, birth
trauma)
Accidents, poor health histories
Substance abuse
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Effective participation in the IEP process
 Comprehensive understanding of history of
behavior, course and severity
 History of interventions
 Understanding the assets and limitations of the
child’s support system, family resources, life
stressors, in order to facilitate realistic
interventions.
 One size does not fit all! A menu approach
attempts to fit the child into automatic
interventions, with little thought as to the viability
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Obstacles to success
 Coordination
of services can be fragmented between
various service providers, outpatient (mental health),
probation, residential.
 Difficult to assess the “best interest of the child”
 Staff turnover can lead to an inconsistent
understanding of the child
 Parents can hold the IEP process hostage
 Disruption may include behavior that is passive
aggressive, adversarial, uncooperative, and failure to
follow through with support
 In extreme cases, threats can be directed at school
personnel.
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Obstacles to success
Parents often live in the moment and lack insight
into the dynamics that contribute to the child’s
behavior.
 Inability
to subordinate immediate needs or
desires for long term goals for the child
 Develop unrealistic expectations, leading to a
failed outcome
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Transition
 An IEP team can have an unrealistic optimism
about a child’s progress
 Success
in one setting does not always generalize
well to another. Change of structure and support
services can be “tricky” if not carefully articulated,
which can result in “relapse”
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Conclusion
 Success ultimately depends on a collective
understanding by the IEP team of the unique
challenges facing each child. A failure of
consensus often results in a breakdown of the
entire process, resulting in default options that
are nothing more than “ place holders”
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Contact Information

Randy Fall, Ph.D. Azusa Pacific University
[email protected], (626) 815-5399

Ray Vincent, M.Miss. Consultant, Los Angeles County Office of
Education [email protected], (562) 922-6301

Rob Jacobsen, Esq. Consultant, Los Angeles County Office of
Education [email protected], (562) 922-6234

David R. Morrison, Ed.D. Azusa Pacific University
[email protected], (626) 815-5129
7/17/2015
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